| In In 2018,the lenient punishment system was included in the Supervision Law,which has become an important part of the country’s supervision procedures.Applying leniency system to the person under investigation in the investigation stage can reveal the spirit of criminal policy of combining leniency with severity on the one hand;On the other hand,it is helpful to improve the efficiency of case handling of supervisory organs and save judicial resources.However,since the Supervision Law was introduced not long ago,the leniency system of guilty plea in the investigation stage is still not perfect.For example,there are disputes or loopholes in the application conditions of the system,the content and effectiveness of leniency suggestions and the protection of the rights of the people under investigation.Through the collection of domestic and foreign literature,this paper analyzes the applicable conditions of similar systems in different countries(regions) and the provisions of protecting the rights of the persons prosecuted and so on,and puts forward a favorable experience for reference based on the actual situation in our country.The leniency system of confession and punishment in the supervision procedure is faced with many problems in judicial practice.This paper enumerates the most prominent problems,analyzes the causes of the problems,and finds the appropriate solutions to make the application of the leniency system of confession and punishment smoother in the supervision and investigation procedure.This is the significance of the study of this system.This paper is divided into five parts.The first part is the introduction.This part is mainly to clarify the background of the topic selection,the significance of the topic selection,and the research status of similar systems at home and abroad.Finally,it introduces the research methods,innovation points and shortcomings of the paper.The second part is the theoretical interpretation of the leniency system in the investigation stage.Based on Article 31 of the Supervision Law,this part analyzes the application conditions of leniency in the investigation stage and the necessity of applying the system in the investigation stage.The third part is the analysis of the current situation and application problems of the leniency system in the investigation stage.Through data statistics and case collection,this part analyzes the application rate of leniency system and the existing problems of the system in the investigation stage in recent years.The fourth part is the investigation and enlightenment of relevant systems overseas and in Taiwan.This part analyzes Singapore’s anti-corruption investigation system,Japan’s criminal consultation agreement system and Chinese Taiwan’s criminal consultation procedures,and learns from their successful experience.The fifth part is the perfect path of the leniency system in the investigation stage.This part aims at the problems existing in the third part and combines the research results at home and abroad at the present stage to put forward the corresponding improvement path,so that the application rate of leniency system of guilty plea can be improved in the investigation stage and give full play to its application value. |
